Adventist Health System Sunbelt Healthcare Corporation d/b/a/ AdventHealth v. Bradley Benner
Claim Number: FA2308002057132
Complainant is Adventist Health System Sunbelt Healthcare Corporation d/b/a/ AdventHealth (“Complainant”), represented by Chad T. Nitta of Kutak Rock LLP, Colorado, USA. Respondent is Bradley Benner (“Respondent”), Virginia, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <castlerockadventist.org>, (‘the Domain Name’) registered with NameCheap, Inc.
The undersigned certifies that they have acted independently and impartially and to the best of their knowledge have no known conflict in serving as Panelist in this proceeding.
Dawn Osborne as Panelist.
Complainant submitted a Complaint to Forum electronically on August 10, 2023; Forum received payment on August 10, 2023.
On August 11, 2023, NameCheap, Inc. confirmed by e-mail to Forum that the <castlerockadventist.org> Domain Name is registered with NameCheap, Inc. and that Respondent is the current registrant of the name. NameCheap, Inc. has verified that Respondent is bound by the NameCheap, Inc. registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).
On August 14, 2023, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of September 5, 2023 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent’s registration as technical, administrative, and billing contacts, and to postmaster@castlerockadventist.org. Also on August 14, 2023, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts.
A timely Response was received and determined to be complete on August 14, 2023.
On August 14, 2023 pursuant to Complainant's and Respondent’s requests to have the dispute decided by a single-member Panel, Forum appointed Dawn Osborne as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable.
Complainant requests that the Domain Name be transferred from Respondent to Complainant.
PRELIMINARY ISSUE: CONSENT TO TRANSFER
The parties have both asked for the domain name to be transferred to the Complainant. Since the requests of the parties in this case are identical, the Panel, in recognition of the common request of the parties, the interests of judicial expedience, and the absence of any aggravating circumstances, has decided to forego the traditional UDRP analysis and to order an immediate transfer of the Domain Name. See Motorola Solutions, Inc. v. Carsten Gallini, FA 2024058 (Forum Jan. 9, 2023) (“The plain construction of Respondent’s declarations is one of consent to transfer, as it similarly comports with Complainant’s demand for transfer of the disputed domain. Therefore, Panel will recognize the twin requests of the parties.”); CNH Industrial America LLC v. Eric Schoenfeld, FA 2010676 (Forum Sept. 12, 2022) (“This Panel, in recognition of the common request of the parties, in the interests of judicial expedience, and in the absence of any aggravating circumstances, has so decided to forego the traditional UDRP analysis and to order an immediate transfer of the … domain name.”); and Home Depot Products Authority, LLC v. CHARLES MEYER / COUNTRY COMPUTER, FA 1737571 (Forum June 29, 2017) (“[T]he Panel finds that in a circumstance such as this, where Respondent has not contested the transfer of the disputed domain names but instead agrees to transfer the domain names in question to Complainant, the Panel may decide to forego the traditional UDRP analysis and order an immediate transfer of the … domain names.”).
Accordingly, it is Ordered that the <castlerockadventist.org> domain name be TRANSFERRED from Respondent to Complainant.
Dawn Osborne, Panelist
Dated: August 15, 2023
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